Wakilii

Lt. Col. (Rtd.) Vincent W. Khaukha T-A Inbred Associates v Attorney General and A nother (Miscellaneous Application 456 of 2023)

High Court · [2024] UGHCCD 188 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for discovery arising from breach of contract suit pending in High Court Civil Division
Decision
Application dismissed as premature and unsupported by sufficient grounds

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the application for discovery of meeting minutes relating to an alleged breach of contract. The court held that discovery was premature where the existence of a contract had not yet been established in the main suit, and where the respondent denied possession of the requested documents. The application was found to be an impermissible fishing expedition rather than a legitimate request for documents necessary to support an established cause of action.

Outcome

Application dismissed as premature and unsupported by sufficient grounds

Facts

The applicant, a retired military officer trading as Inbred Associates, filed Civil Suit No. 298 of 2020 against the Attorney General and another respondent for breach of contract. The applicant sought discovery of minutes from five meetings allegedly held with agents of the respondents between August 2019 and October 2020. The applicant claimed these minutes were necessary to prove the breach of contract claim in the main suit. The Office of the President responded that it had no record of the meetings outlined in the request. The first respondent denied the existence of any binding contract and argued that no such meeting minutes existed in their possession.

Issues

  1. Whether an order for discovery prayed for by the applicant should be granted by this Honourable Court?
  2. What are the remedies available?

Orders

  • Application for discovery dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Discovery — Prerequisites for Discovery Order
An order for discovery of documents can only be made where there is sufficient evidence that the documents exist and have not been disclosed, the documents relate to matters in issue in the action, and there is sufficient evidence that the documents are in the possession, custody or power of the other party.
Civil Procedure — Discovery — Fishing Expeditions
Discovery will not be granted where it constitutes a fishing expedition driven by hope that something will emerge which may form the basis of or support the applicant's claim. A distinction must be made between discovery which is tantamount to aimless trawling of an unlimited sea as compared to a situation where a party knows a specific and identifiable spot into which they wish to drop a line.
Civil Procedure — Discovery — Prematurity and Existence of Cause of Action
Discovery is premature where the existence of a fundamental element of the cause of action (such as the existence of a contract in a breach of contract suit) has not yet been established. A plaintiff must already understand their claim before seeking supporting documents from the opposing side, and discovery should not be used merely to determine if they have a case.

Legislation cited (8)

Cases cited (10)

  • Tallikwa v Commissioner Land Registration (Registrar of Titles Wakiso) (Miscellaneous Application No. 1274 of 2013)
  • Gale v Denman Picture Houses Ltd [1930] KB 588
  • Karuhanga and Another v Attorney General and 2 Others (Miscellaneous Cause No. 60 of 2015)
  • Gordon Sentiba and 2 Others v The Inspectorate of Government (Supreme Court Special Civil Appeal No. 6 of 2008)
  • R-Benkay Nigeria Ltd v Cadbury Nigerian PLC SC 29 of 2006
  • Dresdner Bank Ag v Sango Bay Estates Ltd (No. 3) [1971] 1 EA 326
  • Dresdner Bank Ag v Sango Bay Estates Ltd (No. 4) [1971] 1 EA 409
  • Olouch v Charagu [2003] 2 EA 651
  • Mutesi v Attorney General (Miscellaneous Application No. 912 of 2016)
  • Thyssen Hunnebeck Singapore Pte Ltd v TTJ Civil Engineering Pte Ltd [2003] 1 SLR (R) 75

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Lt. Col. (Rtd.) Vincent W. Khaukha T-A Inbred Associates v Attorney General and A nother (Miscellaneous Application 456 of 2023) [2024] UGHCCD 188 (8 November 2024)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.